-
NYPRR Archive •
admin •
Comments Off on ABA Defines Law Firm Obligations on Lawyer’s Mental Impairment
By Lazar Emanuel [Originally published in NYPRR October 2003] In Formal Opinion 03-429 (June 11, 2003), the ABA considered the obligations of a law firm when a member of the firm is or becomes mentally impaired. The measure of the firm’s obligations...
-
Current Issue, NYLER Archive, NYPRR Archive, Uncategorized •
admin •
Comments Off on Warning to Lawyers: Choose Your Escrow Bank Carefully
By Lazar Emanuel [Originally published in NYPRR August 2003] The decision of Supreme Court Judge Edward H. Lehner in Bazinet v. Kluge [N.Y. Cty., No. 110143/01, 5/29/03], requires careful study by lawyers who draft contracts providing for the deposit...
-
NYPRR Archive •
admin •
Comments Off on Malpractice Insurer Avoids Liability on Lawyer’s Policy
By Lazar Emanuel [Originally published in NYPRR July 2003] In Chicago Insurance v. Kreitzer & Vogelman, [NYLJ, 6/12/2003], Southern District Senior Judge Robert W. Sweet upheld the right of a legal malpractice insurer to rescind a policy for...
-
NYPRR Archive •
admin •
Comments Off on Senate Committee Would Felonize Hiring of Runners
By Lazar Emanuel [Originally published in NYPRR June 2003] Lawyers are forbidden both by the Judiciary Law and the Code of Professional Responsibility from employing anyone to solicit legal business or any agreement for the performance of legal...
-
NYPRR Archive •
admin •
Comments Off on Court Permits Firm to Oppose Current Client
By Lazar Emanuel [Originally published in NYPRR June 2003] In a case with a somewhat unusual factual background, U.S. District Court Judge Lewis A. Kaplan has denied a motion to disqualify a law firm which participated in an action against a current...
-
NYPRR Archive •
admin •
Comments Off on Court to Law Firm: No Letter of Engagement, No Fee
By Lazar Emanuel [Originally published in NYPRR June 2003] Describing his decision as the first he could find construing the new provisions of 22 NYCRR 1215.1 and 1215.2, Judge Pardes of the Nassau County District Court has denied a claim for legal...
-
Current Issue, NYLER Archive, NYPRR Archive, Uncategorized •
admin •
Comments Off on Unbundling of Services & Practice of Law
By Lazar Emanuel [Originally published in NYPRR May 2003] Two trends in the practice of law are gathering speed simultaneously but independently. Eventually, they will affect each other in ways that no one can now anticipate. The first trend, born of...
-
NYPRR Archive •
admin •
Comments Off on Lawyer’s Private Misconduct Can Lead to Suspension
By Lazar Emanuel [Originally published in NYPRR May 2003] The New York Code of Professional Responsibility anticipates that a lawyer will be held “to the highest standards of ethical conduct” in the management of his private affairs, as well as in...
-
NYPRR Archive •
admin •
Comments Off on Court Strikes Key Provisions of N.Y. Judicial Conduct Code
By Lazar Emanuel [Originally published in NYPRR April 2003] The decision of Federal District Judge David N. Hurd (Northern District, NY) in Spargo v. New York State Commission on Judicial Conduct [New York Law Journal, 2/26/2003] has received extensive...
-
NYPRR Archive •
admin •
Comments Off on Second Circuit Orders Discovery on Debt Collection Practices
By Lazar Emanuel [Originally published in NYPRR April 2003] Lawyers who commit all or a substantial part of their law practice to debt collection for clients with a stream of customer claims should be careful to study and comply with the provisions of...
